Filing I-140 and I-485 together.

[Deepakwadwa]

Hello gurus,

I am on a immigrant working visa in this country. I was about to file my I-140 in premium processing under EB1A as a Extraordinary skilled worker.

April month visa bulletin showing the final action date is going to go in backlog for EB1A. 

Now as per my Lawyer's suggestion I am filling I-140 in premium processing and I-485 together.

My wife has a B1/B2 visa. she visited me in December and has been in this country for more than 90 days now. Her I-94 expires in may. I am planning to file I-485 for her as well. On the side she also intends to study in United States starting from fall. Changing her status from B1/ B2 to F1 is not an option in United States as it takes lot of time so we are not sure what to do.

Please answer the following questions depending on my situation.

1. After  filling my  i-140 under premium processing should i file i-485 for me and not for my wife. so she can go back by may and apply for F1 visa from India. if she does so then will her student F1 visa get denied as I am applying for my I-140 and I-485 for myself in United States.

2. If I file my I-140 under premium processing and I-485 for both me and my wife then should we drop the idea of her going back immediately and instead wait for her to receive AP and EAD if our I-140 is approved. I am worried that we might not receive our AP and EAD on time and this will cause that my wife will not be able to enroll this fall for any university.

3. Is it true that even after filing I-485 by 20th of march 2018 and if the final action date goes in backlog in April 2018 which is now current, will my processing for i-485 get stuck till the final action date becomes current.

4. If we decide to file I-485 for my wife then will she need to extend her B1/B2 visa or can she stay in country on basis of I-485 pending status.

 

thank you in advance for your effort and time.

 

 

[pontevecchio]

Run this by your lawyer. You will need him anyway if things go haywire. Best case scenario is for her to get her AOS on file and get het her EAD/AP.

They may very well ask you to explain why she came in B2 status and is adjusting status now to PR as they are allowed to. In the past this was a routine matter. Now they are being strict. Do not do this without Lawyer input.

[Deepakwadwa]

1. When you say AOS, do you mean filling I-485 for my wife?

2. if I will be asked to explain why she came here on B2 status and is adjusting status now to PR. What should be my best explanation?

3. or do you suggest doing my wife's procedure later after I get a GC.

4. I understand getting my wife on a dependent visa is much better but my company is bit crazy so I don't want to take any favors from them. instead being my wife on B1/B2 is much preferred in our case.

My Lawyer says its ok but I m still worried.

Thank you so much again. I really appreciate you time and effort.

[pontevecchio]

1. Yes.

2.3.4. If the lawyer said it is OK, then trust him.

Circumstances change and hence you are filing for both of you. If EB1A, the company is not really involved and you do not even need a job offer.

[Deepakwadwa]

Hello Guru,

     Currently i have a p3(performer artist visa) and i am living and working for company A in united states. Can i transfer my p3 (performer Visa) from my current company A to a new company B without letting my company A owner know. if yes, how many days prior can i start my procedure.